Subordinate legislation tools to support the Act

Subordinate legislation is the group of tools that support the amended Environment Protection Act 2017 (the Act). These tools include Environment Protection Regulations to support the Act and the Environment Reference Standard (ERS).

EPA and DELWP worked together to develop the Regulations and ERS in consultation with community, government and industry stakeholders.

The Environment Protection Act 2017, Regulations and ERS represent the most significant reform to Victoria’s environment protection framework in two generations.

Legislation applies from 1 July 2021

The subordinate legislation – the Regulations and ERS – have come into effect with the commencement of the amended Environment Protection Act 2017 on 1 July 2021.

You are now required to comply with the environment protection laws.

While EPA will take a practical approach to enforcement and support voluntary compliance, we will use our powers under the new legislation to protect the health of Victoria’s environment and community from the impacts of pollution and waste. You can find out how we plan to do this in our Statement of Regulatory Intent (publication 1965).

Read information to help businesses transition to the new framework

Environment Protection Regulations and supporting materials

The regulations support the environmental protection legislation by providing clarity and further detail for duty holders on how to fulfil their obligations. The following documents have been published:

Environment Protection Regulations
Environment Protection Transitional Regulations
Guide to the Environment Protection Regulations (publication 1753) (note: this is a navigational guide and does not explain the new compliance requirements)
Summary of waste framework (publication 1756)
Summary of noise framework (publication 1757)

Five EPA publications that are incorporated in the Regulations and support their operation:

Noise limit and assessment protocol (publication 1826) This is for the control of noise from commercial, industrial and trade premises and entertainment venues
ESMP data manual 1992: Engine speed at maximum power and noise test engine speeds for vehicles 1970 to 2005 (publication 317)
Protocol for calculating monetary benefits (publication 1727)
Waste classification assessment protocol (publication 1827)
Waste disposal categories - characteristics and thresholds (publication 1828)

Environment Reference Standard (ERS)

The ERS sets out the uses of the environment that Victorians value, and the indicators and objectives needed to support them. It provides a foundation for environmental monitoring and reporting. The ERS contains values, indicators and objectives for ambient air, water, ambient sound and land environments.

Revocation of two notifiable chemical orders

Until 30 June 2021, there were four notifiable chemical orders (NCOs) in effect.

On 1 July 2021 the NCO (Polychlorinated Biphenyls) and the NCO (Organotin Antifouling Paint) became Environmentally Hazardous Substances Orders under the legislative framework.

The Governor in Council has revoked the NCO (Chlorine Compounds) and the NCO (Arsenic and Arsenic Compounds), the legislative framework will adequately manage the risks that these NCOs addressed. This includes regulation 102 of the Environment Protection Regulations 2021, which sets requirements for the use of the chemical substances in the NCO (Chlorine Compounds).